(a) No person may release a threatened or endangered species except as specifically provided by the department in a letter of authorization issued prior to release.
(b) The department may issue a letter of authorization allowing the temporary possession of threatened and endangered species for relocation purposes.
  (1) Letters of authorization shall be issued only to competent persons experienced in the biological sciences who are:
    (A) employed by a governmental entity; or
    (B) engaged in paid environmental consultancy regarding the activities for which the letter of authorization is sought.
  (2) Letters of authorization shall be issued to named persons only.
  (3) The activities authorized by a letter of authorization shall be performed only by the person in whose name the letter of authorization is issued.
  (4) All animals possessed under a letter of authorization shall be relocated and released as quickly as possible without placing avoidable stress on the animals.
  (5) All relocated animals shall be released to suitable habitat.
  (6) A letter of authorization does not absolve any person from compliance with any other applicable state or federal law.

Source Note: The provisions of this §65.173 adopted to be effective November 16, 2000, 25 TexReg 11289; amended to be effective October 28, 2002, 27 TexReg 10041